Contract Administration Research Articles

Изпълнение на административни договори

The signing of the administrative contract presupposes voluntary performance of the obligations assumed by it. In case of non-performance, there is coercive enforcement. This article examines the questions concerning the legal mechanisms of how this should be done; how the legislator regulates the performance of administrative contracts in the Bulgarian Code of Administrative Procedure and in special laws, and addresses the issue of jurisdiction over disputes about performance; and why the provision of Art. 128, item 3 of the Code governs requests for the performance of administrative contracts in the existence of а coercive enforcement procedure under the Code. The article justifies the assumption that, even in the field of administrative contract enforcement, the administrative authority is not an equal partner in finding solutions to satisfy the public interest, but remains a counterparty in a dominant position.

The administration's authority to impose penalties on the contracting party in administrative contracts

تتمتع الإدارة بسلطة فرض الجزاء على المتعاقد معها إذا ما قصر في تنفيذ التزامه، بأي وجه من الوجوه سواءً كان بالإامتناع من جانبه عن تنفيذ العقد، أو بتأخيره في التنفيذ، أو التنفيذ غير المرضي، أو إحلال غيره في التنفيذ دون موافقة الإدارة، فالإدارة في هذه الحالات كلها لها الحق في فرض جزاءات على المتعاقد معها.

DESAFIOS CONCORRENCIAIS DA NOVA LEI DE LICITAÇÕES: A MODALIDADE DE DIÁLOGO COMPETITIVO.

Context: This work is located in the context of transition between the old and the new general regime of public procurement and administrative contracts. Objective: This work intends to identify possible competitive challenges arising from the modality of competitive dialogue brought about by the New Law on Administrative Public Procurement and Contracts and to highlight points of attention for the control of anticompetitive conduct. Method: Deductive method Conclusions: Competitive Dialogue is subject to well-known practices of bid rigging, such as the withdrawal or coverage of bids and promises of subcontracting. In addition to the possibility of cartelization, the legal design of the modality also points to the risk of exchanging sensitive information between bidders and to the risk of directing the contract.

Closing the information gaps: a systematic review of research on delay and disruption claims

Purpose Delay and disruption claims involve a complex process that often result in disputes, unnecessary expenses and time loss on construction projects. This study aims to review and synthesize the contributions of previous research undertaken in this area and propose future directions for improving the process of delay and disruption claims. Design/methodology/approach This study adopted a holistic systematic review of literature following Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines. A total of 230 articles were shortlisted related to delay and disruption claims in construction using Scopus and Web of Science databases. Findings Six research themes were identified and critically reviewed including delay analysis, disruption analysis, claim management, contract administration, dispute resolution and delay and disruption information and records. The systematic review showed that there is a dearth of research on managing the wide-ranging information required for delay and disruption claims, ensuring the transparency and uniformity in delay and disruption claims’ information and adopting an end-user’s centred research approach for resolving the problems in the process of delay and disruption claims. Practical implications Complexities in delay and disruption claims are real-world problems faced by industry practitioners. The findings will help the research community and industry practitioners to prioritize their energies toward information management of delay and disruption claims. Originality/value This study contributes to the body of knowledge in delay and disruption claims by identifying the need for conducting more research on its information requirements and management. Subsequently, it provides an insight on the use of modern technologies such as drones, building information modeling, radio frequency identifiers, blockchain, Bigdata and machine learning, as tools for more structured and efficient attainment of required information in a transparent and consistent manner. It also recommends greater use of design science research approach for delay and disruption claims. This will help to ensure delay and disruption claims are the least complex and less dispute-prone process.

The Impact of Contracts Administration on the Performance of Road Construction Projects in Uganda: A Literature Gap

Uganda's road construction industry has experienced growth over time because of increased budget allocations. Although the industry has dramatically improved, projects are still experiencing challenges, including but not limited to cost overruns, time overruns, incompetent staff, poor designs, site-related challenges, inadequate resources, low innovation and shoddy work. These are the factors affecting the performance of road projects in Uganda. Therefore, as a way to address the mentioned issues and improve the road construction industry, this paper, through the literature review, looked at the concept of construction contract administration and its context on project implementation. A scoping review of the most relevant work in the field of road construction with emphasis on contract administration and the performance of road construction projects in Uganda presented a salient gap in the area of contract administration. The purpose of this study is to review the literature on the impact of contracts administration on road construction projects which is forming the basis of ongoing research to develop a contract administration strategy that will be used on road construction projects with the aim of improving the performance of road construction projects in Uganda.
 
 Received: 29 July 2022 / Accepted: 1 October 2022 / Published: 5 November 2022

Procurement Contract Management and Sustainable Performance of State Corporations in Kenya

Purpose: The purpose of this study was to establish the effect of procurement contract management on sustainable performance of state corporations in Kenya.
 Methodology: The research design used in this research was mixed-methods research design. The study focused on 187 state corporation as the target population. Census was applied where all state corporations were surveyed and purposive sampling was used to pick the finance manager and the procurement manager which resulted to 374 respondents. The study main source of data was primary data which was gathered using research questionnaires. The gathered data was assessed with the help of Statistical Package for Social Sciences (SPSS) Version 28. The study carried out both descriptive and inferential analysis to draw conclusions.
 Results: The inferential analysis results revealed that procurement contract management had a significant and positive influence on the sustainable performance of state corporations in Kenya at p<0.05. This indicates that contract preparation, contract administration, contract control and monitoring and contract conflicts resolution mechanisms are crucial drivers of sustainable performance of an organization. The model summary found that a unit change in procurement contract management may account for a variability of 45.1% in a firm's sustainable performance. The R value for the model was 0.670 and the R2 was 0.451. This was a sign that the model was appropriate for establishing the link between procurement contract management and sustainable performance and, as a result, for drawing the conclusions and suggestions from the study.
 Unique Contribution to Theory, Practice and Policy: While the existing theory of public contracts used in this study was validated, the study recommends that the government through the appropriate regulatory agencies and the management of public procuring entities have the mandate to make sure that appropriate oversight of the management of contracts in state corporations is carried out as a means of ensuring accountability and justice throughout the entire process. According to the study, policymakers and state regulatory organizations should take the lead in making sure that contracts are properly documented and that they are diligently and effectively managed to ensure full adherence to the rules and regulations.

منازعات إنهاء العقد الإداری فی ضوء نظام المنافسات والمشتریات الحكومیة السعودی | Administrative Contract Termination Disputes In Light Of The Saudi Government Competition And Procurement System

I spoke in the midst of this research on the subject of administrative contract termination disputes in the light of the Saudi government competition and procurement system, and I followed the analytical approach. The administrative contract, in three demands. In the first section, pictures of disputes relating to the termination of the administrative contract were exposed, whether those related to the same termination or related to its effects through two demands. In the system, through the administrative judiciary, and through arbitration through three demands.

Client's Perception on Architect's Performance in Contract Administration

Client's Perception on Architect's Performance in Contract Administration

Forensic Analysis of the Disputes Typology of the NSW Construction Industry Using PLS-SEM and Prospective Trend Analysis

Project claim management is the central pillar of the overlapping areas of contract administration, contract law and building regulations. Delays caused by inefficiency of the procedures designed to avoid disputes emerge at the pre-project phase and continue during construction. The quantum of research addressing this issue is not immediately transferrable between jurisdictions, mainly due to local specificity of construction practices, contract and construction laws, as well as clients’ preferences. The primary aim of this study is to identify the underlying causes of disputes that have arisen in the NSW construction industry in the past two decades and to analyze the inter-relationships between the causes. To achieve this purpose, PLS-SEM quantitative models were utilized to study different factors influencing disputes. Through a detailed quantitative analysis of 230 cases, based on dispute frequencies, causes and effect analysis and the resultant loop cause diagrams, the dispute triggers, types, and root causes have been analyzed as the basis for developing a model to predict the future likelihood of disputes. Finally, 13 causes of disputes have been recognized as the main causal factors in the construction projects in NSW. This study also has shown that payment and reimbursement-related disputes are the most frequent in NSW construction, except for the last two years.

A Systematic evaluation of blockchain-enabled contract administration in construction projects

Inefficient and ineffective Construction Contract Administration (CCA) is at the root of many of the sector challenges. Emerging digital technologies such as blockchain are revealing some capabilities with the potential for improving CCA. This paper addresses the research question of whether and how can blockchain contribute to improving CCA and what are the specific challenges to its adoption in CCA. The study adopts a systematic review of studies in this domain and their subsequent analysis against a CCA framework. Most applications were found to be centered on two CCA functions; the financial management, and the document and record management. CCA functions that embed complex contractual logics such as claims and disputes resolution management have received scant attention. To advance blockchain application in CCA, a structured roadmap of its key challenges relating to technology, process, policy and society is proposed for future research. The outcome of this paper provides scholars, practitioners and policymakers, interested in construction contracts, with the evidence about the current level of blockchain contribution to CCA and a structured set of recommendations for future research.

Legal problems arising from the electronic administrative contract Legal consultant

Technical development has taken a large area of management’s work sectors, including administrative contracts, as they are one of its legal activities. Electronic administrative contracts in that their application in state institutions has become uncontroversial, as they are concluded with confidence and legitimacy and do not violate the general principles of law.

A model-based smart contracts system via blockchain technology to reduce delays and conflicts in construction management processes

PurposeSmart contracts using blockchain technology (BCT) is a tool that decentralizes authority and makes it easier to upgrade the contract administration process by providing an efficient system. Current literature provides a good overview of contracts in the construction industry; however, the specific details of BCT's smart contracts applications in the three categories have not been addressed adequately: (1) information quality, (2) enhancing project schedule and progress payment time and (3) reducing conflicts among project stakeholders. Thus, this study aims to analyze smart contracts using BCT by creating a computerized contract model, specifically evaluating its impact on the three identified categories.Design/methodology/approachIn this paper BCT-SmContract was developed through an automated program that utilizes blockchain to define the contractual agreements between different parties in a construction project. BCT-SmContract model provides a new technique to overcome the current challenges associated with factors identified in this study, i.e. (1) information quality, (2) enhancing project schedule and progress payment time and (3) reducing conflicts among project stakeholders. Afterward, the model was tested to ensure validity and reliability through a construction project.FindingsThe findings indicated that BCT-SmContract was approximately 90% faster to execute the contract and 100% accurate in reflecting the correct information about the project status, resulting in reduced conflicts.Originality/valueThis study has contributed in upgrading the traditional contracting method in construction by developing an automated smart contract model to enhance the processes and achieve higher accuracy.

Financial Contract Administration in Construction via Cryptocurrency Blockchain and Smart Contract: A Proof of Concept

The blockchain that uses cryptocurrency is a paradigm shift in the way of data storage, retrieval, and verification due to the concept of decentralization. This paradigm is essential to ensure the security of crucial data in any project. Adding a smart contract to the blockchain would facilitate the automation of various processes. Thus, the cryptocurrency blockchain that uses the smart contract can be considered a suitable platform for an ecosystem of many industries. The construction industry needs a highly secure automated management system due to its complex contractual relationships and transactions between parties. Therefore, integrating the blockchain with the smart contract creates the most appropriate ecosystem to be developed. This study introduces an ecosystemic prototype using a programmable smart contract within a novel cryptocurrency blockchain for construction. The purpose of the prototype is to guarantee a decentralized system as an independent economic environment for the construction industry. The system guarantees the security of financial transactions and focuses on the payment clauses in the construction contract as well. The results depended on three well-known hypothetical case scenarios from the construction site and were displayed in the form of extracted access data tables. The prototype proved the efficiency of the decentralized system for the construction industry by minimizing human-factor interference in the transaction process and thus reducing time waste and cost.

Effects of the General Facility Franchisor between its parties according to the instructions for implementing government contracts in Iraq and the Kurdistan Region

The state arose and this was accompanied by its commitment to provide services to the public of individuals, whether citizens or not. In their beginnings, these services were limited to basic services in (security, defense and justice), which is imposed by the idea of ​​the guardian state, but the development in the role of the state forced it to intervene in a way wider in life, which arranged the rights of individuals towards the administration to demand more services, so it proceeded to establish public utilities to provide services, the administration faced difficulties in providing these services, and from the theories of the administrative contract, the solution followed by the administration was found, which is to grant the management of its public facilities to bodies that are not organically linked to the administration. to individuals and to provide services in a better way than if the administration itself provided the service and without transferring the ownership of the facility to the franchisee. However, the matter is not so simple. This privilege has produced rights and obligations on both sides that they must respect. The legislator took note of this, so he proceeded to grant the executive authority the power to issue subsidiary legislation to organize it. The difficulty of amending the laws if he regulates the rights and obligations, so that one of the rights of the concessionaire who seeks to make profit from his activity in the public facility becomes the financial compensation and the need to maintain its balance as well as his right to various facilities that the administration is obliged to provide to him. The franchise itself being the real owner of the franchise facility.

Cessão de crédito decorrente de contrato administrativo firmado com o município

The purpose of this article is to deal with the issue of possibility or not the contractor may assign his credit (receivables) resulting from an administrative contract signed with the Municipality, even though there is no express provision in Federal Law 8.666/ 93 and/or in the notice and in the contract. Based on the express supplementary application of the rules of private law to administrative contracts, we believe it is possible to make the legal business effective, provided that the competent amendment is signed.

Independence and impartiality of contract administrators in the New Zealand construction sector

Contract administrators play essential roles in the construction sector, as they administrate the execution of construction contracts. A contract administrator acts as a representative of clients and an independent certifier to contractors. This dual role can bring conflicts within the contract administrator’s duty. Therefore, concerns have been raised whether contract administrators can perform their duties fairly and impartially when serving clients and contractors. This study examines the independence and impartiality of contract administrators in the construction sector. This study also reviews the current New Zealand standard construction contract forms to understand the role and position of contract administrators. A questionnaire survey was conducted in New Zealand to obtain views from 42 construction practitioners. The survey results suggest that independence and impartiality of contract administrators may exist in the New Zealand construction sector, manifesting that most survey respondents experienced a reasonable and fair performance from contract administrators when carrying out their duties. This study contributes to the existing knowledge of contract administration by revealing the existence of independence and impartiality of contract administrators in the New Zealand construction sector. Also, this study contributes to industrial practices by putting forward concerns and recommendations to improve the legal obligations of contract administrators in construction contract forms.

The Legal Regimes of Artificial Land Plots and Related Objects

The paper deals with the legal issues of the complex use of artificial land plots together with real estate objects located on them and other related (natural) objects. The legal parameters of the use of these objects as a whole should constitute a single ecological and legal regime that is aimed at the implementation of the social function of the development of territories by their owners. The formation and development of this ecological and legal regime requires the use of both administrative and civil legal means in the course of legal procedures for the creation and use of facilities. As the social function (development of the territory) is implemented, there is a gradual change in the legally significant properties of the objects being created and used (documentation, construction objects, immovable things) that are combined into property complexes for certain legal purposes. Environmental legal relations for the creation of these complexes and their use arise and they are further transformed based on a set of legal facts and actual structures, in the structure of which an administrative agreement on the creation of an artificial land plot is of key importance. An administrative contract is used as a legal means to regulate relations concerning the complex development of the territory, a special case of which is the creation of an artificial land plot and the construction of real estate on it. The terms of the administrative agreement concerning the creation of an artificial land plot should determine the mechanisms for the public authority to take actions to ensure the planning of the territory, assistance in obtaining permits for the construction of facilities and their commissioning, participation in accounting and registration procedures and the performance of other public duties. In pursuance of the administrative contract, a single immovable complex should be created from an artificial land plot and buildings and structures located on it.

The role and significance of administrative procedure in public administration

In the considered question of the maintenance of public administration, its articles with public administration. The types of forms of public administration are singled out. Emphasis is placed on the importance of adopting individual acts. The own vision of division of individual acts of public administration into types - administrative, personnel, internal, external, organizational, constituent, administrative contracts is given, the characteristic is given and the practical significance of such classification is outlined. It is noted that according to the rules of administrative benefit, administrative acts must be executed. Arguments are presented regarding the need to adopt a law on administrative procedure, which should be assigned the role of the basic law for public administration. The position on the extension of the provisions of the law on administrative procedure to the conclusion of administrative agreements has been expressed. Conclusions are made on the importance of administrative procedure in public administration: it is the standard of public administration to resolve cases against an individual by adopting acts that give such persons rights or responsibilities; administrative procedure contains the best principles, practices of public administration, which allow to implement the concept of proper (good) administration in practice; administrative procedure allows to protect a person from the arbitrariness of public administration; administrative procedure anticipates conflicts, allows to resolve them effectively, and reduces the burden on the judiciary; administrative procedure as a manifestation of European convergence brings Ukraine closer to the standards of the European Union in the field of public administration.

Predicting Post-Heart Transplant Composite Renal Outcome Risk in Adults: A Machine Learning Decision Tool

Predicting Post-Heart Transplant Composite Renal Outcome Risk in Adults: A Machine Learning Decision Tool

Weakening the Logic of Public Authority in the Concept of Administrative Contract by the Existence of Competitive Logic

Public activity has undergone a transformation and the integrity of administrative contract law can no longer be based on the traditional notion of administrative contract. The legal regime of the administrative contract was developed to justify the application of norms different from private law. This connection between the notion of an administrative contract and its specific legal regime explains that questioning the traditional notion of an administrative contract has implications for defining the general theory of administrative contracts. The question arises as to whether we can define the general theory of contracts concluded by administrative bodies. In the classical notion, the specific regime of administrative contracts is based on the logic of public service. The current legal regime of administrative contracts is based on various grounds. Public service, as the main element of the general theory of administrative contracts, today is competed by different logics that have different purposes: it is contractual logic and competitive logic. The first seeks to make an administrative contract similar to a civil contract. The second goes further: he is not interested in the possible specifics of the legal regime of administrative contracts. Previously, the selection of a contractor on a competitive basis did not meet the competitive logic, it was intended to spend public money correctly. Today, competitive logic is integrated into the top of the hierarchy of norms. This particular service logic retreats in the face of competitive principles.